N.C. Gen. Stat. » Chapter 49
NC General Statutes

N.C. Gen. Stat. § 49-2 (2026)

Nonsupport of child born out of wedlock by parents made misdemeanor

✓ current as of July 2026
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Any parent who willfully neglects or who refuses to provide adequate support and maintain his or her child born out of wedlock shall be guilty of a Class 2 misdemeanor. A child within the meaning of this Article shall be any person less than 18 years of age and any person whom either parent might be required under the laws of North Carolina to support and maintain if the child were the legitimate child of the parent. (1933, c. 228, s. 1; 1937, c. 432, s. 1; 1939, c. 217, ss. 1, 2; 1951, c. 154, s. 1; 1977, c. 3, s. 1; 1993, c. 539, s. 414; 1994, Ex. Sess., c. 24, s. 14(c); 2013-198, s. 17.)

 

Notes of Decisions
Cited in 60 cases, 1944–2018 · leading case: Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976).
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Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976). · cites it 12× “This statute, in effect when Claudia Ann was conceived, imposed, both upon the plaintiff and the defendant, a duty to support the child. Its purpose is not to confer rights upon either the mother or the father but to protect the child and to protect the State against the child's…”
Bell v. Martin, 264 S.E.2d 101 (N.C. 1980). · cites it 5× “This Article creates no criminal offenses, nor does it contain criminal penalties which would punish a defendant for failure to comply with its provisions. In the present case plaintiff brought her action under Article III —G.”
State v. Green, 176 S.E.2d 756 (N.C. 1970). · cites it 13× “Defendant was charged with and convicted of the willful neglect and refusal to support and maintain his illegitimate children, a violation of G.S. 49-2. The maximum punishment *193 provided by law for this offense is six months in prison.”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). · cites it 4× “See N.C. Gen. Stat. § 49-2 (2017) (“Any parent who willfully neglects or who refuses to provide adequate support and maintain his or her child born out of wedlock shall be guilty of a Class 2 misdemeanor.”
State v. Killian, 300 S.E.2d 257 (N.C. Ct. App. 1983). · cites it 9× “A warrant issued 23 December 1981 charged defendant with, on that date, willfully neglecting and refusing to provide adequate support for his illegitimate child, a violation of G.S. 49-2. The warrant alleged that the child was born on 9 September 1981, and that defendant’s…”
State v. Ellis, 137 S.E.2d 840 (N.C. 1964). · cites it 5× “We are disposed, however, to re-examine this rule and the reasons upon which it is based, with a view to determining whether we will strictly adhere thereto in prosecutions for violations of G.S. 49-2. In State v. White, 225 N.C. 351 , 34 S.”
State v. Lee, 252 S.E.2d 225 (N.C. Ct. App. 1979). · cites it 4× “In this “Finding,” the Court concluded that a violation of G.S. 49-2 “is not a serious misdemeanor so as to require appointment of counsel or intelligent waiver thereof under the 6th and 14th amendment of the United States Constitution.”
Johnson v. Johnson, 461 S.E.2d 369 (N.C. Ct. App. 1995). · cites it 4× “2d 816, 821 (1976) (purpose behind N.C.Gen.Stat. § 49-2, making willful failure to support an illegitimate child a misdemeanor, is "not to confer rights on either the mother or the father but to protect the child and to protect the State against the child's becoming a public…”
Dellinger v. Bollinger, 89 S.E.2d 592 (N.C. 1955). · cites it 3× “” G.S. 49-2 further provides that “Any parent who wilfully neglects or who refuses to support and maintain his or her illegitimate child shall be guilty of a misdemeanor .”
State v. Fowler, 177 S.E.2d 385 (N.C. 1970). · cites it 4× “This appeal poses the question whether a defendant, charged under G.S. 49-2 with the willful failure to support an illegitimate child, is entitled to have the prosecution dismissed when the death of the child makes it impossible for the court to grant his motion for a…”
State v. Wilson, 67 S.E.2d 748 (N.C. 1951). · cites it 6× “The first bill of indictment charges a violation of the statute, G.S. § 49-2, on or about February 5, 1951, and the second, on or about— March 1949.”
Wake Cnty. Ex Rel. Carrington v. Townes, 281 S.E.2d 765 (N.C. Ct. App. 1981). · cites it 2× “See G.S. 49-2 (1979 Cum. Supp.), 49-8, 49-15, 5043.”
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